Human Resource & Labor News
www.agc.orgJanuary 11, 2018 / Issue No. 01-18
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On the Inside
Labor Relations
December Brought Significant Changes in NLRB Positions and Composition, Including AGC-Supported Reversal of Joint-Employer Ruling
Building Trades Leader to Speak at AGC Convention Next Month
Wage and Hour
DOL Drops Six-Factor Unpaid Intern Test
DOL Reissues 17 Wage and Hour Opinion Letters
Pay and Benefits
Construction Support Staff Wages Expected to Rise by 3.3% This Year
DOL Proposes New Rules Expanding Association Health Plan Options
DOL Reissues 17 Wage and Hour Opinion Letters

On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide range of topics under the Fair Labor Standards Act (FLSA).  Fifteen of the 17 letters were originally issued during the final days of the George W. Bush administration but were withdrawn by the Obama administration in 2009 “for further consideration” and “a further response in the near future.” Instead of providing a further response, however, the Obama administration stopped issuing opinion letters altogether and began releasing broader “Administrator’s Interpretations” that laid out how the department viewed employers’ specific obligations under the law. In June 2017, Secretary Acosta announced that he would reinstate the practice of issuing opinion letters.

An opinion letter is an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented by an employer, employee or other entity requesting the opinion. The reissued letters cover a wide range of topics under FLSA of interest to all industries, with one addressing the exempt status of project superintendents in the commercial construction industry.

For more information, contact Claiborne Guy at or 703-837-5382.
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